National Updates & Discussion: MAP-21

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1 National Updates & Discussion: MAP-21 A NDY MERGENMEIER, PAVEMENT AND MATERIALS E NGINEER F EDERAL H IGHWAY A DMINISTRATION O FFICE OF T ECHNICAL SERVICES R ESOURCE C ENTER

2 Our Visit Today History of Highway Bills MAP-21 Rulemaking ADA Photo source: 2

3 History of Highway Bills 1956 TO TOMORROW 3

4 Q. What year was the Interstate Highway System completed? A B C D E. Still working on it Photo source: MoDOT 4

5 History of Highway Bills 1956 Federal-Aid Highway Act Highway Only Bills Surface Transportation Assistance Act Surface Transportation & Uniform Relocation Assistance Act Intermodal Surface Transportation Efficiency Act (ISTEA) Transportation Equity Act fro the 21 st Century (TEA-21) Thomas "Chief" MacDonald Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-Lu) Moving Ahead for Progress in the 21st Century Act (MAP-21) 2009 ARRA 5

6 History of Highway Bills Year Act FAQ 1956 Federal-Aid Highway Act & Highway Revenue Act (Trust Fund) Popularly known as the National Interstate and Defense Highways Act 1982 Surface Transportation Assistance Act 1 st to include Mass Transit, 10% DBE 1987 Surface Transportation & Uniform Relocation Assistance Act 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) 1998 Transportation Equity Act fro the 21 st Century (TEA-21) 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-Lu) 2009 The American Recovery & Reinvestment Act (ARRA) 2012 Moving Ahead for Progress in the 21st Century Act (MAP-21) FY13-14 Provisions for homes & business displaced by highway projects Completion of the Interstate (1996) focus on Intermodal/efficiency Post Interstate era greater flexibility, equity in Trust Fund, focus on safety & economic growth Built on TEA-21 flexibility, safety, simplified federal-aid program Shovel Ready Beyond the TEA s TPM, Asset Management 2014 MAP-21 expires September 31, 2014? 6

7 US Highway Trust Fund, 2013 Pay-as-You-Go Fund Revenue from the Federal Fuel (Highway-User) Tax 18.4 per gallon of gasoline 24.4 per gallon of diesel fuel General Fund Transfers (2008, 2009, 2010, 2012) FY Three Accounts in HTF: 1. Highway Account, (15.44 per gallon of gasoline) 2. Mass Transit, (2.86 per gallon of motor fuel) 3. Leaking Underground Storage Tank (LUST), (0.1 per gallon of motor fuel) 1986 Act amend - Solid Waste Disposal Act under EPA 7

8 Revenue from State Fuel Tax Not always dedicated to Roadways 2013 Taxes/Fees Gas (cpg) Diesel (cpg) Ave. US High Low 8 14 Photo source: cents per gallon Gas Tax State Trend

9 Average Individual Gas Tax (Fee) US Average Value Source Fleet-wide mpg for passenger cars Federal Fuel Tax 21.5 mpg (highway) ~15 mpg (average) 18.4 /gallon of gasoline /gg highways HTF EPA (2011) USDOT State Fuel Tax 27.6 /gg USDOT/FHWA Total Fuel Tax Miles Driven - Man - Woman Average Individual Tax 43 /gg 13,476 miles/year 16,550 miles/year 10,142 miles/year USDOT/FHWA $386 per year $138 /yr HTF 9

10 In contrast Americans spend $1,092 per year on coffee 10

11 Highway Trust Fund Q. Under which US President was the gas tax last increased? A. Jimmy Carter B. Ronald Reagan C. George H. W. Bush D. Bill Clinton E. George W. Bush 11

12 Fee per Gallon of Gasoline History of Federal Highway-User Fee $0.25 Gasoline $0.20 $0.15 $0.10 $0.05 Deficit L.U.S.T. Transit Highway $

13 Dollars, (Billions) Highway Trust Fund TEA-21 SAFETEA-Lu MAP Fiscal Year (Oct to Sept) Obligations Receipts Trust Fund Balance 13

14 Rural Average Daily Load has increased almost 700% since 1970 From 1998 to 2011, Rural Interstate traffic volume is about the same, HOWEVER Interstate loading has increase 2 ½ % annually, TOTAL of 31% Rural Average Daily Load 14

15 MAP-21 PRESERVATION & PAVEMENTS Photo source: 18

16 Re Authorization of Highway Legislation MAP-21 Moving Ahead for Progress in the 21 st Century Act Photo source:

17 MAP-21 Four Core Programs 58% National Highway Performance Program 27% Surface Transportation Program 6% Highway Safety Improvement Program 6% Congestion Mitigation and Air Quality Program 20

18 $37.7 Billion/Year in formula funding Surface Transportation Program ($10.0) National Highway Performance Program ($21.8) HSIP ($2.4) CMAQ ($2.4) Transportation Alternatives ($0.8) Metro Planning ($0.3) Ferry ($0.07) Note: Amounts in $ billions 21

19 MAP-21 Preservation FAQ s The word Preservation appears 35 times in the Law: 3 Contexts: System (24), Historic (8), & Policy (3) DEFINITIONS (a)(3) (2) Asset management. the term includes preservation (a)(4)(b) (C)(ii) (ii) by striking and rehabilitation and inserting rehabilitation, and preservation 22

20 MAP-21 SECRETARY SHALL ESTABLISH (37 TIMES) RULEMAKING Photo source: 23

21 Administrative Procedure Act (APA) Pub.L , 60 Stat. 237, enacted June 11, 1946 MAP-21 Requirement: 18 months Provides for public notice and opportunity for comment on proposed rules, Requires an agency to explain the basis and purpose for its rule, and Provides for judicial review of the agency s actions. 24

22 Asset Management Requirements in MAP-21 POC: S TEPHEN G AJ L EADER, A SSET M ANAGEMENT T EAM FHWA O FFICE OF A SSET M ANAGEMENT, PAVEMENTS, AND C ONSTRUCTION DRAFT Rule with Office of Chief Counsel 25

23 INFRASTRUCTURE CONDITION Maintain the highway infrastructure asset system in a state of good repair. Photo source: 26

24 What is asset management? Asset management is a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (23 U.S.C. 101(a)(2), MAP ) Photo source: 27

25 What does MAP-21 require Us to do? We (USDOT) will issue a regulation (aka rule) on the process & requirements of a risk-based, asset management plan for the enhanced National Highway System (NHS) (*) (Rulemaking) You (State DOT s) will develop a Plan (*) Enhanced NHS ~ 220,000 miles Interstate All principal arterials Intermodal connectors STRAHNET -- important to U.S. defense 1104; 23 USC 103 *( 23 U.S.C. 119(e)(8), MAP ), Within 18 months of enactment (4/1/14) **(23 U.S.C. 119(e)(1), MAP ) 28

26 When do you see the draft Rule? We (USDOT) issue a draft rule for comment. (within 180 days of enactments, April 1 st,2014) You (State DOTs) have 60 days to provide comment. We (USDOT) will have the rule in place by October 1,

27 What will we do to certify your Plan? We will develop a certification process 1. We (USDOT) have a 90 day review period, and 2. You (State DOTs) have 90 days to cure deficiencies - if not certified 31

28 What happens if you don t have a Plan? Your (State DOTs) federal share for NHPP will be reduced to 65% NHPP is 58% of the Program Ex. VA DOT NHPP FY13 = $585,556,568 reduced to $380,611,769 NHPP (millions) $700 $600 $500 $400 $300 $200 $100 $0 Plan No Plan 33

29 The Plans focuses on National Highway Performance Program We will recertify your Plan every 4 years Photo source: 34

30 MAP-21 Pavement Performance NHPP (more Rulemaking) POC: T HOMAS VAN A SSET MANAGEMENT TEAM FHWA O FFICE OF A SSET MANAGEMENT, PAVEMENTS, AND C ONSTRUCTION DRAFT Rule with Office of Chief Counsel 35

31 What s the process for this Rule? We (USDOT) have the same process as the Asset Management Plan, but You (State DOTs) will have 90 days to provide comment. different section of MAP-21 We (USDOT) will have the rule in place by October 1,

32 Pavement Measures Metrics Functional (Given) 1. International Roughness Index (IRI), AASHTO R43 Structural (DRAFT) 2. Cracking 3. Rutting (Asphalt) 3. Faulting (Concrete) POOR FAIR GOOD HPMS 37

33 TPM Pavement Goal We (FHWA) will establish measures for you (State DOTs) to assess condition of the Interstate & the enhanced NHS With minimum Standards for the Interstate ONLY Example Metric ONLY: Max 7 ½ % of Interstate in POOR Current 6 Agencies have > 7 ½ % of their Interstate in POOR condition based on IRI (>170 in/mile) only, based on 2011 HPMS Data 38

34 In 2011 Source: USDOT HPMS Of the 607,379 Bridges in the US 66,748 rate as Structurally Deficient (11%) Of the 45,334 miles of Interstate 1,467 rate as Functional Poor (IRI > 170 in/mile) (3.2%) Of the 157,426 miles of NHS 12,897 miles rate as Functional Poor (8.2%) 39

35 In 2011 Source: USDOT HPMS 1% Interstate Highway System 25% 74% Good Fair Poor 656 miles Rural Interstate & 460 miles Urban Interstate reported. 40

36 In 2011 Source: USDOT HPMS 5% National Highway System 32% 63% Good Fair Poor 1,901 miles Rural NHS & 1,476 miles Urban NHS reported. 41

37 Americans with Disabilities Act of 1990 SENATOR TOM HARKIN (D-IA), AUTHORED THE BILL 42

38 New Joint Ruling DOJ / DOT-FHWA When is resurfacing considered to be an alteration? Resurfacing is an alteration that triggers the requirement to add curb ramps if it involves work on a street or roadway spanning from one intersection to another, and includes overlays of additional material to the road surface, with or without milling. Examples include 43

39 The Balance of the New Rule painting or striping lanes crack filling & sealing surface sealing chip seals slurry seals fog seals scrub sealing joint crack seals joint repairs dowel bar retrofit spot high-friction treatments, diamond grinding pavement patching addition of a new layer of asphalt reconstruction concrete pavement rehabilitation and reconstruction open-graded surface course micro-surfacing thin lift overlays cape seals in-place asphalt recycling ADA 44

40 Thank You Questions? Thomas Harman (410)